S&S
S & S Co.
Advocates & Solicitors
Bar Council of India: Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Search Contact Us
Arbitration & Dispute Resolution · 11 March 2026

Section 9 Applications After the Arbitral Tribunal Is Constituted

An explainer on Section 9(3) of the Arbitration and Conciliation Act, 1996, and what happens to court applications for interim relief once the tribunal is in place.

By S&S Co. Advocates & Solicitors · Published 11 March 2026 · Informational content, not legal advice

About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.

Section 9 of the Arbitration and Conciliation Act, 1996 lets a party seek interim measures from a court before, during or after arbitral proceedings, but before the award is enforced. Section 17 gives the arbitral tribunal comparable powers once it is constituted. A common question is what becomes of a Section 9 application when the tribunal comes into existence.

Section 9(3), inserted by the 2015 amendment, says that once the tribunal has been constituted the court shall not entertain an application under Section 9 unless it finds that circumstances exist which may not render the remedy under Section 17 efficacious. This is generally read as a bar on fresh applications. It is not usually treated as automatically ending an application that was validly pending, especially where the court has already heard substantial argument or where the tribunal could not give equally effective relief.

The efficacy test is applied case by case, looking at urgency, the stage reached and the nature of the relief. The provision was meant to discourage parties from going to court for routine interim relief once a tribunal is in place, while preserving the court's role in exceptional situations. Section 9(2) separately requires arbitration to start within ninety days of an interim order.

Newsletter

Fortnightly Legal Updates,
By Practice Area

A short digest of significant rulings, regulatory changes and practical guides across our practice areas, sent every two weeks. For general information only, not legal advice.

Get In Touch

Have a Question About
Arbitration?

Tell us about your situation, and we'll help you figure out the right next step.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata, providing commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

Commercial Litigation Arbitration All Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Blog Newsletter Contact